Green Cards Through Employment: U.S. Work-Based Permanent Residency Guide

🟩 Employment-based green cards offer a path to permanent residency for foreign nationals with skills, education, or investment capital that benefit the U.S. economy. There are five EB (employment-based) categories, each with unique criteria.

This guide explains eligibility, processing, and how BorderlessLawyers can help you secure a green card through your job, business, or professional talent.


EB Green Card Categories

EB-1: Priority Workers

🏆 For individuals with:

  • Extraordinary ability in sciences, arts, education, business, or athletics (no job offer required)

  • Outstanding professors or researchers

  • Multinational executives or managers

EB-2: Advanced Degree Professionals / Exceptional Ability

🎓 For individuals with:

  • A master’s degree (or equivalent) or higher

  • Exceptional ability in sciences, arts, or business

  • Optional National Interest Waiver (NIW) for those whose work benefits the U.S. significantly

EB-3: Skilled Workers, Professionals, and Other Workers

🔧 For:

  • Skilled workers with 2+ years of experience

  • Professionals with a bachelor’s degree

  • Unskilled workers (limited availability and longer wait times)

EB-4: Special Immigrants

🙏 Includes:

  • Religious workers

  • Certain U.S. government employees abroad

  • Special categories like broadcasters, Afghan/Iraqi translators

EB-5: Immigrant Investors

💼 For investors who:

  • Invest $800,000+ in a U.S. business

  • Create at least 10 full-time jobs

  • Invest in a targeted employment area (TEA) or regional center


The PERM Labor Certification Process

📝 For most EB-2 and EB-3 applicants, employers must first complete a PERM process to prove no qualified U.S. workers are available.

Steps include:

  1. Job description and wage determination

  2. U.S. labor market testing (advertising)

  3. Filing ETA Form 9089 with the Department of Labor (DOL)

  4. Once approved, employer files Form I-140 with USCIS


Adjustment of Status vs. Consular Processing

📍 If you’re in the U.S., apply for Adjustment of Status (Form I-485)
🌍 If outside the U.S., go through Consular Processing via a U.S. embassy


Priority Dates & Visa Bulletin

⏳ Green card issuance is limited by annual quotas and your country of origin. Check the Visa Bulletin monthly to see when your green card slot becomes available.


BorderlessLawyers Helps With:

✅ Employer petition preparation
✅ Labor certification (PERM) strategy
✅ I-140 filing and document review
✅ Responding to RFEs
✅ Adjustment of Status or consular support
✅ Transition from non-immigrant visa to green card


FAQs

Q: How long does it take to get an employment-based green card?
🕒 EB-1 can take under 1 year; EB-2/3 vary by country—2 to 5+ years.

Q: Can I apply without an employer?
👤 Yes—for EB-1A (extraordinary ability) or EB-2 NIW categories.

Q: Can I bring my family?
👨‍👩‍👧 Yes. Spouses and unmarried children under 21 receive green cards as dependents.


Get Legal Help to Secure Your Green Card

BorderlessLawyers helps professionals, executives, researchers, and investors successfully obtain U.S. permanent residency through employment. We handle complex filings and employer coordination—start your green card journey today.

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